SUB-DIVISIONAL, OFFICER, MIRZAPUR V. RAJA SRI NIWAS PRASAD SINGH INSC 286; AIR 1966 SC 1164; 1966 SCR 970 "

From Advocatespedia

In the case of Sub-Divisional Officer, Mirzapur v. Raja Sri Niwas Prasad Singh (1965), the dispute arose over the assessment of compensation owed to Raja Sri Niwas Prasad Singh under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1952. The Raja held substantial zamindari interests in Mirzapur and Chunar tahsils in Uttar Pradesh. The Sub-Divisional Officers of Mirzapur and Chunar, acting as Compensation Officers under the Act, initially prepared draft Compensation Assessment Rolls and published them in the Official Gazette.

Raja Sri Niwas Prasad Singh objected to the proposed compensation and sought higher compensation amounts. However, crucially, the State Government was not notified of these objections, nor was it informed of the hearing dates. Despite this procedural lapse, the objections were considered, leading to an increase in the compensation awarded to the Raja. Subsequently, nearly eight months later, the State Government filed applications before the Compensation Officer to reopen these objection cases.

The Supreme Court ruled that the State Government should have been treated as a necessary party in the proceedings, and the failure to provide notice to it rendered the entire process defective. The judgment emphasized the importance of transparency and strict adherence to procedural requirements in compensation assessments under the Zamindari Abolition Act. This case underscores the judiciary's commitment to ensuring fair and lawful procedures in administrative actions, particularly those impacting property rights and compensation entitlements.

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  1. SUB-DIVISIONAL, OFFICER, MIRZAPUR V. RAJA SRI NIWAS PRASAD SINGH INSC286; AIR 1966 SC 1164